New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 286A

286A Savings and transitional provisions: staged introduction of scheme

(1) The amendments to this Regulation made by the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 do not apply to:

(a) a development application, or application for a complying development certificate, that has been made before 1 July 2004, or

(b) a development application, or application for a complying development certificate that is made on or after 1 July 2004, but before 1 January 2005, in relation to a building to be constructed:

(i) pursuant to a building agreement entered into before 1 July 2004, or

(ii) pursuant to a building agreement entered into on or after 1 July 2004 as a consequence of an offer made, or deposit paid, before 1 July 2004, or

(c) a development consent or complying development certificate arising from an application referred to in paragraph (a) or (b), or

(d) an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a) or (b).

(2) The amendments to this Regulation made by the regulation referred to in subclause (1) do not apply, in relation to land outside the initial BASIX area, to:

(a) a development application, or application for a complying development certificate, that has been made before 1 July 2005, or

(b) a development consent or complying development certificate arising from an application referred to in paragraph (a), or

(c) an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).

(3) The amendments to this Regulation made by the Environmental Planning and Assessment Further Amendment (Building Sustainability Index: BASIX) Regulation 2005 do not apply to:

(a) a development application, or application for a complying development certificate, that has been made before 1 October 2005, or

(b) a development consent or complying development certificate arising from an application referred to in paragraph (a), or

(c) an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).

(4) The amendments to this Regulation made by the Environmental Planning and Assessment Further Amendment (Building Sustainability Index: BASIX) Regulation 2006 do not apply to:

(a) a development application, or application for a complying development certificate, that has been made before 1 October 2006, or

(b) a development consent or complying development certificate arising from an application referred to in paragraph (a), or

(c) an application for a construction certificate or occupation certificate that is made in relation to development carried out under the authority of a development consent or complying development certificate arising from an application referred to in paragraph (a).